BIKASH DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In this revision petition, the challenge is the judgment and order dated 07.09.2012 passed by the learned Additional Sessions Judge, Belonia, South Tripura in Criminal Appeal no. 08 of 2012 whereby and whereunder the learned appellate Court upheld the order of conviction of the petitioner under Sections 279 and 338 of the IPC and maintained the sentence to pay a fine of Rs.500/- for conviction under Section 279 of the IPC, in default to suffer simple imprisonment for 15 days and modified the sentence to suffer rigorous imprisonment for six months instead of one year and also maintained the sentence of fine of Rs. 1,000/-, in default of payment of fine to suffer simple imprisonment for one month for conviction under Section 338 of the IPC passed by the learned Sub Divisional Judicial Magistrate, Belonia, South Tripura in case No. G.R. 214 of 2007.

(2.) Heard Mr. A Bhowmik, learned counsel appearing for the convict petitioner as well as Mr. A. Ghosh, learned Public Prosecutor appearing for the State respondent.

(3.) Prosecution case in short is that on 17.06.2007 at 1330 hours, one Litan Das lodged a complaint at PR Bari police station stating therein that on 09.06.2007 his father Surjya kanta Das, aged about 50 years was travelling from Nachhirnagar to Rajnagar by the commander jeep bearing registration no. TR-01-4451 at 1750 hrs. and when the vehicle reached at a place about 200 meters on the southern side of the police station, it met with an accident due to high speed. Consequently, his father sustained injury and was shifted to the Belonia hospital and from there, being referred, he was taken to GBP hospital, Agartala on that day itself. The complaint of Litan Das was registered as PR Bari police station case No. 38 of 2007.